State government Sunday clarified that adhoc/contract/work-charged services which were followed by regularization or regular appointment in the same post without break or gap in service shall be counted as public employment and also included in calculation of length of service for the purpose of pension under the Nagaland Retirement from Public Employment (2nd Amendment) Act, 2009.
A DIPR statement said that the Nagaland Retirement from Public Employment Act, 1991, defined public employment as “appointment to any pensionable state public service or posts connected with the affairs of the State of Nagaland and the Nagaland Legislative Assembly, and includes any appointment under the government of India, and other State Government, Central or State Public Sector Undertakings and local authority held by persons prior to their absorption under the public service of the State of Nagaland and the Nagaland Legislative Assembly which counts for the purpose of pension”.
The clarification followed queries by department whether the services rendered in adhoc/contract/work-charged capacity prior to regular appointment made through NPSC or department selection board or any other prescribed procedure should be counted as public employment for the purpose of calculation of length of service under the above Act.
The state government “vide No. AR-13/21/74 dated 08/07/1975” had earlier clarified that all adhoc services which was followed by regularization, or fresh appointment in the same post, should count towards pension. The Gauhati High Court based on judgement “dated 24/07/2012, Case No. WA-168/2012, WA-175/2012, WA-177/2012, WA-178/2012, WA-179/2012, WA-180/2012, WA-181/2012, WA-183/2012”, has also ruled that the period of service rendered on adhoc/contract/work-charged has to be counted for computation of public employment under the Nagaland Retirement from Public Employment (2nd Amendment) Act, 2009.
The government statement this was issued in supersession of all office memoranda on the same subject issued vide No. AR-5/ASSO/98 dated 26/11/2009, dated 15/02/2010, dated 11/10/2011, and dated 22/12/2011.
NSGEWA demands
Nagaland Senior Government Employees Welfare Association (NSGEWA) urged the state government to include them in the Nagaland Services (Revision of Pay) Rule 2010 and termed the government action of not including them as a departure from the provision under Article 14 of the Constitution which guaranteed “equality in the eye of law”.
NSGEWA chairman Roko Pier in an appeal to the chief secretary Monday expressed dismay that despite the provision under Nagaland Services (Revision of Pay) Rule 2010, those government servants who retired between May 31, 2008 and March 31, 2010 were given Death-Cum-Retirement Gratuity (DCGR), Earned Leave encashment and other benefit only at the old rate prescribed under ROP Rules, 1999 thereby depriving these group the new ROP, 2010 without any convincing reasons. This act of the government has caused undue financial hardship to the group of employees, the appeal added.
NSGEWA pointed out that under Rule 1(b) of the Nagaland Services (Revision of Pay) Rule 2010 clearly stated that the rule be deemed to have come into force on June 1, 2008. Under Rule 19(C), it was stated that the maximum limit of Death-Cum-Retirement Gratuity would be Rs. 10 lakhs and Rule 6(a) says that all government servants who were in service on January1, 2008 and those who entered into service on or after June 1, 2008 should come within the purview of these rules subject to the provision made hereinafter.
It also reminded that employees had rendered their best service and had earned to enjoy the benefits as they were within the purview of the Nagaland Services (Revision of Pay) Rule 2010. Therefore, the association said it was the bounden duty of the government to safeguard them.